David Adelstein | Florida Construction Legal Updates An interesting opinion on a motion to dismiss came out of the United States Court of Federal Claims dealing with the claim that the government breached its duty of good faith and fair dealing in administering the prime contract. The contractor’s argument was that the government breached its duty of… Continue reading Breach of Duty of Good Faith and Fair Dealing Packaged with Contract Disputes Act Claim
New Florida Bill Shortens Time for Construction Defect Lawsuits
Jessica Zelitt | Adams and Reese On Thursday, April 13, 2023, Florida Governor Ron DeSantis signed Senate Bill 360 into law. This legislation alters the time period for bringing forward construction defect lawsuits, as well as modifies the current private right of action against a contractor for violation of the Florida Building Code. First, SB 360 amends… Continue reading New Florida Bill Shortens Time for Construction Defect Lawsuits
Retention Reform Bill Passed in Washington for Private Construction Projects
James Yand | Miller Nash A recent Washington Bill 5528, sponsored by the Northwest Wall and Ceiling Contractors Association and the American Subcontractors Association of Washington, along with many other industry trade groups, successfully passed the Washington Legislature. The Bill will implement retainage reform to mirror the same retention limits that already exist in public… Continue reading Retention Reform Bill Passed in Washington for Private Construction Projects
Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects
Bill Wilson | Construction Law Zone In All Seasons Landscaping, Inc. v. Travelers Casualty & Surety Co., No. DBD-CV21-6039074-S, 2022 WL 1135703 (Conn. Super. Ct. April 4, 2022) the plaintiff, a subcontractor on a state project, commenced a lawsuit against the surety who issued a payment bond on the project two years after the subcontractor last performed… Continue reading Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects
Florida’s Tort Reform and its Impact on Subrogation
Matthew Peaire | Butler Weihmuller Katz Craig HB 837 was introduced to the Florida House of Representatives on February 15, 2023. The bill went quickly through the House of Representatives and Senate and was signed into law on March 24, 2023, by Governor Ron DeSantis. The bill was 39 pages long and addressed many aspects… Continue reading Florida’s Tort Reform and its Impact on Subrogation